Former Theranos executive Ramesh “Sunny” Balwani is asking the court to dismiss the government’s indictment against him and issue “severe sanctions,” alleging prosecutors waited until the eve of jury selection in his fraud trial to share millions of pages of discovery.

Opening arguments are set to kick off Wednesday in San Jose federal court in the criminal trial against the alleged co-conspirator and ex-boyfriend of Theranos founder Elizabeth Holmes. Balwani is charged with wire fraud and conspiracy to commit wire fraud against the defunct blood-testing company’s investors and patients.

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